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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 August 2017 at 23:52)
Part 5 Division 5 Section 100
100   Forfeiture of sample or thing
(1)  A sample or thing taken for analysis or a thing seized under this Part, is forfeited to the State if the rail safety officer who took, or arranged the taking of, the sample or thing or who seized the thing:
(a)  after making reasonable efforts, cannot return it to its owner, or
(b)  after making reasonable inquiries, cannot find its owner, or
(c)  considers it necessary to retain the sample or thing to prevent the commission of an offence against a rail safety law.
(2)  For the purposes of subsection (1), the officer is not required to:
(a)  make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner, or
(b)  make inquiries if it would be unreasonable to make inquiries to find the owner.
(3)  Regard must be had to the sample’s or thing’s condition, nature and value in deciding whether:
(a)  it is reasonable to make efforts or inquiries, and
(b)  if efforts or inquiries are made, what efforts or inquiries, including the period over which they are made, are reasonable.
(4)  In this section:
owner, in relation to a sample or a thing taken for analysis, includes the person in charge of the thing or place from which the sample or thing was taken.